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2025 DAILYLAW 41232 (KAR)

M/S CERERA SOFTWARE PRIVATE LIMITED v. THE INTERIM RESOLUTION PROFESSIONAL/RESOLUTION PROFESSIONAL (IRP/RP)

WP/18712/2025 · 2025-10-28

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:42991 WP No. 18712 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 18712 OF 2025 (GM-RES) BETWEEN: 1. M/S. CERERA SOFTWARE PRIVATE LIMITED NO.3304, ANRIYA DWELLINGTON, (REGISTERED UNDER THE COMPANIES ACT) NO.1, IST MAIN ROAD, DOLLARS COLONY, R.M.V. 2ND STAGE, BANGALORE - 560 094 REPRESENTED BY ITS DIRECTOR, MR. ANUP KUMAR GOSWAMY, S/O. T.N. GOSWAMY, AGED ABOUT 56 YEARS, …PETITIONER (BY SRI. HOSAMANI SHAKEELAHMAD MEERANSAB, ADVOCATE) AND: 1. THE INTERIM RESOLUTION PROFESSIONAL/ RESOLUTION PROFESSIONAL (IRP/RP) MR. M.V. SUDARSHAN, NO.984/13, 8TH MAIN, GIRINAGAR II PHASE, BENGALURU - 560 085 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42991 WP No. 18712 of 2025 2. THE RESOLUTION PROFESSIONAL (RP) MR. L. BHADRI, M/S. GURU AND RAM LLP, MMPDA TOWERS, II FLOOR, NEW NO. 184 / OLD NO.214, ROYAPETTA HIGH ROAD, ROYAPETTAH, CHENNAI - 600 014 …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R1 OR R2 TO TREAT THE PETITIONER AS ONE OF THE OPERATIONAL CREDITOR TOWARDS HIS ENTIRE CLAIM OF RS.57,22,849/- AS PER ANNEXURE -A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs: " i) Direct the 1st respondent or 2nd respondent to treat the petitioner as one of the operational creditor towards his entire claim of Rs.57,22,849/- as per Annexure A. ii) Direct 1st respondent and 2nd respondent not to consider the claim of the petitioner as an operational creditor for Rs. 1/- as Contingent Liability, thereafter to recommend the NCLT to - 3 - HC-KAR NC: 2025:KHC:42991 WP No. 18712 of 2025 treat the petitioner as one of the operational creditor towards his entire claim amount of Rs.57,22,849/-. iv) To pass any such order / orders / reliefs as deemed by the Hon'ble Court." 2. A memo dated 28.10.2025 has been filed, singed by the counsel for the petitioner, which reads as under: "The under signed counsel prays that the petitioner may be permitted to withdraw the above petition as it was not pressed in the above case. Hence, this Memo, in the interest of justice." 3. Accepting the said memo, the petition is dismissed as withdrawn. Sd/- (SURAJ GOVINDARAJ) JUDGE YKL CT-SG List No.: 1 Sl No.: 32